§ 64.2-2707 Creation of power of appointment
1. The instrument creating the power: a. Is valid under applicable law; and b. Except as otherwise provided in subsection B, transfers the appointive property; and
2. The terms of the instrument creating the power manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
B. Subdivision A 1 b does not apply to the creation of a power of appointment by the exercise of a power of appointment.
C. A power of appointment may not be created in a deceased individual.
D. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.
History
This law was first created in 2016. The record of its establishment is cataloged in chapter 266 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.
2016, c. 266.